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Health Law and Policy

Health Law and Policy

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Articles 451 - 474 of 474

Full-Text Articles in Law

The Utility Of International Law For Protecting Women's Health Rights, Vanessa Merton Jan 1997

The Utility Of International Law For Protecting Women's Health Rights, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

There is one area, however, where international law seems to hold promise; certain cultural practices that pose special, direct threats to the lives and health of women (although male infants and children often share women's vulnerability in this regard). I have in mind sexual slavery, coercive prostitution and pornographic exploitation, rape, compulsory marriage, coerced impregnation and its converse, coerced abortion and sterilization; spousal abuse, dowry deaths and coerced suicide, female infanticide and sex-specific abortion. All of these practices are the product not of microbes, poor hygiene, or a lack of health care, but of deliberate human behavior. All these practices …


Introduction: Adapting Old Rules For A New Paradigm, Thomas A. Eaton Jan 1997

Introduction: Adapting Old Rules For A New Paradigm, Thomas A. Eaton

Scholarly Works

This Symposium brings together prominent practitioners and academic commentators in the field of health law. They are the authors of leading casebooks, treatises, and articles, and they craft the agreements that make "managed care" a practical reality. Collectively these authors explore a variety of cutting edge legal issues as our health system moves from a "fee-for-service" paradigm to one of managed care. These articles address such issues as tort liability for negligent care, fraud and abuse, disclosure of economic incentives to control costs, and antitrust. These seemingly disparate topics are united by a common theme: the need to adapt legal …


Prenatal Screening And The Culture Of Motherhood, Lori B. Andrews Jan 1996

Prenatal Screening And The Culture Of Motherhood, Lori B. Andrews

All Faculty Scholarship

No abstract provided.


The Shadow Health Care System: Regulation Of Alternative Health Care Providers, Lori B. Andrews Jan 1996

The Shadow Health Care System: Regulation Of Alternative Health Care Providers, Lori B. Andrews

All Faculty Scholarship

No abstract provided.


Beyond Doctrinal Boundaries: A Legal Framework For Surrogate Motherhood, Lori B. Andrews Jan 1995

Beyond Doctrinal Boundaries: A Legal Framework For Surrogate Motherhood, Lori B. Andrews

All Faculty Scholarship

No abstract provided.


The Critical Role Of Erisa In State Health Reform, Mary Ann Chirba, Troyen Brennan Dec 1993

The Critical Role Of Erisa In State Health Reform, Mary Ann Chirba, Troyen Brennan

Mary Ann Chirba

No abstract provided.


Organ Donation As National Service: A Proposed Federal Organ Donation Law, Linda C. Fentiman Jan 1993

Organ Donation As National Service: A Proposed Federal Organ Donation Law, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

It is time to consider an alternative approach to organ procurement and allocation -- one that relies on presumed consent to organ donation, combined with incentives which recognize the communal basis of the obligation to donate one's organs after death. Such a system must provide numerous opportunities for “opting out” of donation in order to promote individual autonomy and use economic and eleemosynary incentives for persons to contribute their organs after death. Mere mention of the words “presumed consent” and “compensated donation” may raise ethical eyebrows. However, a system of presumed consent to compensated organ donation should be considered as …


Alternative Reproduction (With L. Douglass), Lori B. Andrews Feb 1992

Alternative Reproduction (With L. Douglass), Lori B. Andrews

All Faculty Scholarship

No abstract provided.


Torts And The Double Helix: Malpractice Liability For Failure To Warn Of Genetic Risks, Lori B. Andrews Feb 1992

Torts And The Double Helix: Malpractice Liability For Failure To Warn Of Genetic Risks, Lori B. Andrews

All Faculty Scholarship

No abstract provided.


Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson Jul 1991

Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson

Scholarly Works

The purposes of this Article are twofold. Our first purpose is to reexamine the legal foundations of a patient's right to refuse treatment. The Court's equivocal handling of the federal constitutional issues in Cruzan v. Director, Missouri Department of Health invites a closer look at state constitutional, statutory and common law. The source of the underlying right will affect state experimentation with substantive and procedural rules in this area. Our second purpose is to describe the current status of the states' experiments with the right to die. That is, we elaborate in more detail on the state constitutional, statutory and …


Confidentiality Of Genetic Information In The Workplace (With A. Jaeger), Lori B. Andrews Feb 1991

Confidentiality Of Genetic Information In The Workplace (With A. Jaeger), Lori B. Andrews

All Faculty Scholarship

No abstract provided.


Introduction To The Randolph W. Thrower Symposium: Genetics And The Law, Lori B. Andrews Feb 1990

Introduction To The Randolph W. Thrower Symposium: Genetics And The Law, Lori B. Andrews

All Faculty Scholarship

No abstract provided.


Review Of Families And The Gravely Ill: Roles, Rules, And Rights, Vanessa Merton Apr 1989

Review Of Families And The Gravely Ill: Roles, Rules, And Rights, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Privacy And Personhood Revisited: A New Framework For Substitute Decisionmaking For The Incompetent, Incurably Ill Adult, Linda C. Fentiman Jan 1989

Privacy And Personhood Revisited: A New Framework For Substitute Decisionmaking For The Incompetent, Incurably Ill Adult, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This Article is thus an exploration of the essentials of the human personhood in community, both the intimate community of family and close friends and the larger, more impersonal community of hospitals and health care providers, courts, legislatures, and lawyers. After undertaking an analysis of the sources of the autonomy model for decisionmaking in this area and the negative consequences of an exclusive reliance on that model, this Article will propose a new moral, legal, and medical framework for making medical treatment decisions for incompetent incurably ill adults. This model both provides maximum opportunities for each individual to determine for …


The Legal Status Of The Embryo, Lori B. Andrews Feb 1986

The Legal Status Of The Embryo, Lori B. Andrews

All Faculty Scholarship

No abstract provided.


Review Of The Reign Of Error: Psychiatry, Authority, And Law, Linda C. Fentiman Jan 1985

Review Of The Reign Of Error: Psychiatry, Authority, And Law, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


The Concept Of Person In The Law, Charles Baron Dec 1982

The Concept Of Person In The Law, Charles Baron

Charles H. Baron

The focus of the abortion debate in the United States tends to be on whether and at what stage a fetus is a person. I believe this tendency has been unfortunate and counterproductive. Instead of advancing dialogue between opposing sides, such a focus seems to have stunted it, leaving advocates in the sort of “I did not!” – “You did too!” impasse we remember from childhood. Also reminiscent of that childhood scene has been the vain attempt to break the impasse by appeal to a higher authority. Thus, the pro-choice forces hoped they had proved the pro-life forces “wrong” by …


Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron Dec 1982

Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron

Charles H. Baron

While state medical licensure laws ostensibly are intended to promote worthwhile goals, such as the maintenance of high standards in health care delivery, this Article argues that these laws in practice are detrimental to consumers. The Article takes the position that licensure contributes to high medical care costs and stifles competition, innovation and consumer autonomy. It concludes that delicensure would expand the range of health services available to consumers and reduce patient dependency, and that these developments would tend to make medical practice more satisfying to consumers and providers of health care services.


Taking Care Of The Doctor-Patient Relationship (Reviewing Robert Burt, Taking Care Of Strangers), Lori B. Andrews Feb 1981

Taking Care Of The Doctor-Patient Relationship (Reviewing Robert Burt, Taking Care Of Strangers), Lori B. Andrews

All Faculty Scholarship

No abstract provided.


Review Of Future Issues In Health Care: Social Policy And The Rationing Of Medical Services, By David Mechanic, Charles Baron Dec 1978

Review Of Future Issues In Health Care: Social Policy And The Rationing Of Medical Services, By David Mechanic, Charles Baron

Charles H. Baron

No abstract provided.


Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron Dec 1978

Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron

Charles H. Baron

In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …


Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron Dec 1977

Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron

Charles H. Baron

The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …


Live Organ And Tissue Transplants From Minor Donors In Massachusetts, Charles Baron, Margot Botsford, Garrick Cole Feb 1975

Live Organ And Tissue Transplants From Minor Donors In Massachusetts, Charles Baron, Margot Botsford, Garrick Cole

Charles H. Baron

This article examines the system of providing court approval for organ and tissue transplants from minor donors as it operates in Massachusetts. It focuses principally on the substantive interests of prospective donors and on the extent to which the current procedures afford them adequate protection. It begins by examining the requirement of consent and demonstrates the necessity of judicial authorization of minor donors' participation in transplant procedures. Next, it analyzes the current Massachusetts practice and assess its capacity to afford minor donors adequate protection from the possible dangers of serving as an organ or tissue donor. It suggests that the …


Abroad In The Land: Legal Strategies To Effectuate The Rights Of The Physically Disabled, Ann Powers Jan 1973

Abroad In The Land: Legal Strategies To Effectuate The Rights Of The Physically Disabled, Ann Powers

Elisabeth Haub School of Law Faculty Publications

In view of limited legislative action, the handicapped may be forced to resort to the courts in order to vindicate their rights. To do so, they must develop new legal strategies by using existing theories in previously unexplored ways. This Note will consider the development of such strategies in the areas of education, physical access and employment.